Zingale v. Mills Novelty Co.

Appellant contends that respondent’s failure to give notice under sec. 121.49, Stats., precludes his right to recover. Sec. 121.49 provides :

“In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer1 knows, or ought to know, of such…